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Released: July 8, 2014
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Federal Communications Commission

DA 14-970

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of

)

)

Travelers Partners LLC

)

File No.: EB-FIELDSCR-14-00016221

)

Citation No.: C201432600001

Miami Springs, FL

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CITATION AND ORDER

Exceeding Signal Leakage Limits in Aeronautical Bands

Adopted: July 8, 2014

Released: July 8, 2014

By the Resident Agent, Miami Office, South Central Region, Enforcement Bureau:

I.

INTRODUCTION

1.

This CITATION AND ORDER (Citation) notifies Travelers Partners LLC dba Days

Inn Miami Airport North (Days Inn) that it must take immediate steps to come into compliance and

reduce excessive signal leakage in its multichannel video programming distributor (MVPD) system and

register its system with the FCC. If Days Inn fails to take these actions, it may be liable for severe

monetary fines and/or seizure of equipment.

2.

This is an official Citation issued pursuant to Section 503(b)(5) of the Communications

Act of 1934, as amended (Communications Act or Act),1 to Days Inn. Specifically, Days Inn is being

cited for failing to notify the Commission before operating a MVPD system with a carrier in the

aeronautical radio frequency band, in violation of Section 76.1804 of the Commission’s rules (Rules),2

and for exceeding cable signal leakage limits in aeronautical frequency bands in violation of Section

76.605(a)(12) of the Rules.3

3.

Notice of Duty to Comply With Laws: Days Inn should take immediate steps to come

into compliance and reduce excessive signal leakage, and to avoid any recurrence of the misconduct

described herein. Days Inn also must immediately register as an MVPD and file FCC Form 321.4

Days

Inn is hereby on notice that if it subsequently engages in any conduct of the type described in this

Citation, including any violation of Sections 76.1804 and 76.605(a)(12) of the Rules, it may be subject to

civil penalties, including but not limited to substantial monetary fines (forfeitures) and seizure of

1 47 U.S.C. § 503(b)(5).

2 47 C.F.R. § 76.1804.

3 47 C.F.R. § 76.605(a)(12).

4 Form 321 is an Aeronautical Frequency Notification Form, which must be submitted electronically via the Cable

Operations and Licensing System Website (COALS). See http://www.fcc.gov/forms.

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Federal Communications Commission

DA 14-970

equipment. Such forfeitures may be based on both the conduct that led to this Citation and the conduct

following it.5

4.

Your Response Required: Pursuant to Sections 4(i), 4(j), and 403 of the Communications

Act,6 we also direct Days Inn to respond in writing, within thirty (30) calendar days after the release date

of this Citation, and signed under pernalty of perjury, with descriptions of the specific action(s) taken or

planned to correct the violations and preclude recurrence of the violations, and also a timeline for

completion of any pending corrective action(s).

II.

BACKGROUND

5.

On June 20, 2014 an agent from the Enforcement Bureau’s Miami Office (Miami Office)

conducted an investigation and found Days Inn, located at 4767 NW 36th St., Miami Springs, Florida

33166, utilizing a non-cable MVPD system at its facility. The agent also found that the Days Inn MVPD

system was using aeronautical frequencies, but had not filed an FCC Form 321 to notify the Commission

of its operation in the aeronautical band. The agent further found that the Days Inn MVPD system was

emitting a radio carrier signal above allowed limits on frequency bands utilized by aeronautical services.

On June 20, 2014, the agent from the Miami Office conducted field strength measurements on the

aeronautical band frequency 133.2625 MHz near the west side of the northeast building of the Days Inn

and measured an emission of 309 microvolts per meter.

III.

APPLICABLE LAW AND VIOLATIONS

6.

The Rules provide that cable and non-cable MVPDs that transmit carriers with certain

characteristics within frequency bands of 108-137 MHz and 225-400 MHz must comply with specific

technical requirements delineated in the Rules in order to avoid interference to other licensed operations,

including aeronautical systems operating in these frequency ranges. In particular, Section 76.610 of the

Rules provides that all MVPDs (cable and non-cable) transmitting carriers or other signal components

carried at an average power level equal to or greater than 10-4 watts across a 25 kHz bandwidth in any 160

microsecond period, at any point in the cable distribution system in the frequency bands 108-137 and

225-400 MHz for any purpose, must comply with, among other requirements, Section 76.605(a)(12) of

the Rules.7

Days Inn was required to comply with this Rule because the MVPD system at its property in

Miami Springs, Florida, transmits a carrier at an average power level equal to or greater than 10-4 watts

across a 25 kHz bandwidth in any 160 microsecond period, and carries signals in the 108-137 MHz

aeronautical bands.

7.

Section 76.605(a)(12) of the Rules provides that signal leakage from a cable television

system: (1) between 54 MHz and 216 MHz shall be limited to 20 micro-volts per meter, measured at

three meters and (2) less than or equal to 54 MHz and more than 216 MHz shall be limited to 15 micro-

volts per meter, measured at 30 meters.8

At the time of the investigation, an agent from the Miami Office

conducted field strength measurements on the frequency 133.2625 MHz at three meters from the MVPD

5 See 47 U.S.C § 503(b)(5). See also S. Rep. No. 95-580, 95th Cong., 1st Sess. at 9 (1977) (If a person or entity that

has been issued a citation by the Commission thereafter engages in the conduct for which the citation of violation

was sent, the subsequent notice of apparent liability “would attach not only for the conduct occurring subsequently

but also for the conduct for which the citation was originally sent.”) (emphasis added).

6 47 U.S.C. §§ 154(i), 154(j), 403.

7 47 C.F.R. § 76.610.

8 47 C.F.R. § 76.609(a)(12) (“less than and including 54 MHz, and over 216 MHz, signal leakage limit 15 micro-

volt/meter, distance in meters 30; over 54 up to and including 216 MHz, signal leakage limit 20 micro-volt/meter,

distance in meters 3”).

2

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Federal Communications Commission

DA 14-970

external coaxial cabling at the Days Inn, and measured an emission of 309 microvolts per meter, which

exceeds the field strength allowed by the Rules.

8.

Section 76.1804 of the Rules requires that an “MVPD shall notify the Commission before

transmitting any carrier or other signal component with an average power level across a 25 kHz

bandwidth in any 160 microsecond time period equal to or greater than 10-4 watts at any point in the cable

distribution system on any frequency or frequencies in the aeronautical radio frequency bands (108-137

and 225-400 MHz). The notification shall be made on FCC Form 321.”9

At the time of the investigation,

Days Inn was using frequencies in the aeronautical band, but had not notified the Commission as

required. Based on the foregoing evidence, we find that Days Inn violated Sections 76.1804 and

76.605(a)(12) of the Rules by failing to notify the Commission of its operations and by exceeding cable

signal leakage limits.10

IV.

REQUEST FOR INFORMATION

9.

Pursuant to Sections 4(i), 4(j), and 403 of the Communications Act,11 Days Inn is directed

to describe the steps it has taken or plans to take to come into compliance with the Commission’s cable

signal leakage and notification rules, as well as a timeline for any pending corrective actions, within thirty

(30) calendar days after the release date of this Citation. A failure to respond in writing, or an inadequate,

incomplete, or misleading response, may subject Days Inn to additional sanctions.12

V.

RESPONDING TO THIS CITATION

10.

In addition to the required written information described in paragraphs 4 and 9, above,

Days Inn may, if it so chooses, respond to this Citation—challenging the factual and legal findings

herein—within thirty (30) calendar days from the release date of this Citation either through (1) a written

statement, (2) a teleconference interview, or (3) a personal interview at the Commission Field Office

nearest to your place of business.

11.

If you would like to arrange a teleconference or personal interview, please contact Steven

DeSena at (305) 994-1642. The nearest Commission Field Office is located in Tampa, Florida. Such

teleconference or interview must take place within thirty calendar (30) days of the date of this Citation. If

you would like to submit a written response, including any supporting documentation, you must send the

response within thirty (30) calendar days of the date of this Citation to the contact and address provided in

paragraph 12, below.

9 47 C.F.R. § 76.1804.

10 47 C.F.R. §§ 76.605(a)(12), 76.1804.

11 47 U.S.C. §§ 154(i), 154(j), 403.

12 See, e.g., SBC Communications, Inc., Apparent Liability for Forfeiture, Forfeiture Order, 17 FCC Rcd 7589,

7599–7600, ¶¶ 23–28 (2002) (imposing $100,000 forfeiture for egregious and intentional misconduct, i.e., refusing

to attest to truthfulness and accuracy of responses to a Letter Inquiry (LOI)); Connect Paging, Inc. d/b/a Get A

Phone, Forfeiture Order, 22 FCC Rcd 15146 (Enf. Bur. 2007) (imposing $4,000 forfeiture for failure to respond to

an LOI); BigZoo.Com Corporation, Order of Forfeiture, 20 FCC Rcd 3954 (Enf. Bur. 2005) (imposing $20,000

forfeiture for failure to respond to a USF LOI); Donald W. Kaminski, Jr., Forfeiture Order, 18 FCC Rcd 26065 (Enf.

Bur. 2003) (imposing $4,000 forfeiture for failure to respond to an LOI). See also World Communications Satellite

Systems, Inc., Notice of Apparent Liability for Forfeiture, 18 FCC Rcd 18545 (Enf. Bur. 2003) (proposing $10,000

forfeiture for a non-responsive reply to an LOI); Digital Antenna, Inc., Sunrise, Florida, Notice of Apparent

Liability for Forfeiture, 23 FCC Rcd 7600 (Enf. Bur. 2007) (proposing $11,000 forfeiture for failure to provide

complete responses to an LOI).

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Federal Communications Commission

DA 14-970

12.

All written communications, including the information requested in paragraphs 4 and 9,

above, should be provided to the address below.

Steven DeSena

Federal Communications Commission

Miami Office

P.O. Box 520617

Miami, FL 33152-06179

Re: EB-FIELDSCR-14-00016221

13.

Reasonable accommodations for people with disabilities are available upon request.

Include a description of the accommodation you will need, and include as much detail as you can. Also

include a way we can contact you if we need more information. Please allow at least five (5) business

days advance notice; last minute requests will be accepted, but may be impossible to fill. Send an e-mail

to fcc504@fcc.gov or call the FCC’s Consumer & Governmental Affairs Bureau:

For sign language interpreters, CART, and other reasonable accommodations:

202-418-0530 (voice), 202-418-0432 (tty);

For accessible format materials (braille, large print, electronic files, and audio format):

202-418-0531 (voice), 202-418-7365 (tty).

14.

Please be advised that it is a violation of Section 1.17 of the Rules (47 C.F.R. § 1.17) for

any person or a staff member of that person to make any false or misleading written or oral statement of

fact. Specifically, no person shall:

(1) In any written or oral statement of fact, intentionally provide material factual

information that is incorrect or intentionally omit material information that is

necessary to prevent any material factual statement that is made from being

incorrect or misleading; and

(2) In any written statement of fact, provide material factual information that is

incorrect or omit material information that is necessary to prevent any material

factual statement that is made from being incorrect or misleading without a

reasonable basis for believing that any such material factual statement is correct

and not misleading.13

15.

Further, the knowing and willful making of any false statement, or the concealment of

any material fact, in reply to this Citation is punishable by fine or imprisonment under 18 U.S.C. § 1001.

16.

If you violate Section 1.17 of the Rules or the criminal statute referenced above, you may

be subject to further legal action, including monetary fines pursuant to Section 503 of the

Communications Act.14

17.

Under the Privacy Act of 1974, 5 U.S.C. § 552a(e)(3), we are informing you that the

Commission’s staff will use all relevant material information before it, including information that you

disclose in your interview or written statement, to determine what, if any, enforcement action is required

to ensure your compliance with the Communications Act and the Commission’s rules.

13 47 C.F.R. § 1.17.

14 47 U.S.C. § 503.

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Federal Communications Commission

DA 14-970

VI.

FUTURE VIOLATIONS

18.

If, after receipt of this Citation, Days Inn again violates Sections 76.1804 and

76.605(a)(12) of the Rules by engaging in conduct of the type described herein, the Commission may

impose monetary forfeitures not to exceed $16,000 for each such violation or each day of a continuing

violation, and up to $112,500 for any single act or failure to act.15

For instance, the Commission could

impose separate forfeitures for each day on which its MVPD system exceeds cable signal leakage limits.

Further, as discussed above, such forfeitures may be based on both the conduct that led to the Citation and

the conduct following it.16

In addition, violations of the Communications Act or the Rules also can result

in seizure of equipment through in rem forfeiture actions,17 as well as criminal sanctions, including

imprisonment.18

VII.

ORDERING CLAUSES

19.

IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 403 of the Communications

Act, Travelers Partners LLC dba Days Inn Miami Airport North must provide the written information

requested in paragraphs 4 and 9, above. The response to the request for information must be provided in

writing, signed under penalty of perjury by an authorized official at Days Inn with personal knowledge of

the information and representations provided in the written response, and must be received by the FCC

within thirty (30) calendar days after the release date of this Citation and Order.

20.

IT IS FURTHER ORDERED that a copy of this Citation and Order shall be sent both

by First Class U.S. Mail and Certified Mail, Return Receipt Requested, to Travelers Partners LLC dba

Days Inn Miami Airport North at 4767 NW 36th St., Miami Springs, FL 33166.

FEDERAL COMMUNICATIONS COMMISSION

Steven DeSena

Resident Agent

Miami Office

South Central Region

Enforcement Bureau

15 See 47 U.S.C. §§ 401, 501, 503; 47 C.F.R. § 1.80(b)(7). This amount is subject to further adjustment for inflation

(see 47 C.F.R. § 1.80(b)(9)), and the forfeiture amount applicable to any violation will be determined based on the

statutory amount designated at the time of the violation.

16 See paragraph 3, supra.

17 See 47 U.S.C. § 510.

18 See 47 U.S.C. §§ 401, 501.

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